Johnson v. Clark
Supreme Court of Vermont
IN the trial of this cause, issue to the Jury. Plaintiff offered the deposition of James Robinson, since deceased. objected to the reading of it in evidence. It was conceded by the plaintiff’s counsel, that if the deponent was alive the deposition could not be read, as it was drawn up in the hand-writing of the plaintiff’s attorney, and taken by a Justice of the Peace interested in the cause.
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IN the trial of this cause, issue to the Jury. Plaintiff offered the deposition of James Robinson, since deceased. objected to the reading of it in evidence. It was conceded by the plaintiff’s counsel, that if the deponent was alive the deposition could not be read, as it was drawn up in the hand-writing of the plaintiff’s attorney, and taken by a Justice of the Peace interested in the cause. But, that a voluntary affidavit or deposition extrajudicially taken, might be read on the decease of the deponent; and cited 1 Ld. Raym.. p. 744. Tilly v. C — , Vol. 2. ib. Price v. Earl of Tor~ rington,…
1Opinion of the Court
Sed per Curiam.
The deposition cannot be read. -The objections are, that it is in the hand-writing of the party’s attorney,, and taken by a Justice of the Peace, interested in the cause. The authorities cited embrace cases where depositions were taken legally, though-not in the causes pending. By the decease of the deponents they obtained efficacy under the ge*450neral principle of constituting the best evidence which could be produced. But here the deposition is illegally taken. The decease of the deponent cannot render that valid which was intrinsically void. It would be setting aside the…
2Cited by1 opinion
- Burton v. DriggsSupreme Court of the United States · 1874